Originally Posted by
bobbinville
In Massachusetts, things are different in name but not in form. A "warranty deed" says that the seller will warrant and defend the buyer's title against adverse claims by others; but since most sellers do not want to, effectively insure the title on behalf of the buyer, most people use a "quitclaim deed", which in contrast to the use of those words in other states means that the seller will warrant and defend the title ONLY against issues which arose when she or he actually held title. This is exactly like the "special warranty" deed mentioned by shikamaru.
The "bargain and sale" deed and "quitclaim deed" mentioned by shikamaru are called a "release deed" or a "deed without covenants" in Massachusetts. Since, in the normal course of business, no buyer of real estate would ever, in their right mind, accept such a deed, you will only see this kind of deed in a tax sale or foreclosure sale by a governmental entity or a foreclosing mortgagee. In this case, it is solely up to the buyer to review the title for at least the previous 50 years to see if any encumbrances or other title issues exist.
I bought my house 30 years ago this month, using a quitclaim deed to my wife and I as tenants by the entirety. Just for fun, I ran the title as far back as I could, and got to 1688 before the trail ran dry. It turned out that the woman who sold the land then was the daughter and heir of a man who came over with the original 1630 Puritans, and who was given fee simple title to his land by the Crown.
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